Europaudvalget 2016
KOM (2016) 0370
Offentligt
1643660_0001.png
EUROPEAN
COMMISSION
Brussels, 6.6.2016
SWD(2016) 189 final
COMMISSION STAFF WORKING DOCUMENT
Implementation Plan
Accompanying the document
Proposal for a Directive of the European Parliament and of the Council amending
Directive 2009/45/EC on safety rules and standards for passenger ships
Proposal for a Directive of the European Parliament and of the Council amending
Council Directive 98/41/EC on the registration of persons sailing on board passenger
ships operating to or from ports of the Member States of the Community and amending
Directive 2010/65/EU of the European Parliament and of the Council on reporting
formalities for ships arriving in and/or departing from ports of the Member States
Proposal for a Directive of the European Parliament and of the Council on a system of
inspections for the safe operation of ro-ro ferry and high-speed passenger craft in
regular service and amending Directive 2009/16/EC of the European Parliament and of
the Council on port State control and repealing Council Directive 1999/35/EC
{COM(2016) 369 final}
{COM(2016) 370 final}
{COM(2016) 371 final}
{SWD(2016) 190 final}
EN
EN
kom (2016) 0370 - Ingen titel
1643660_0002.png
Implementation Plan
1
1. Contact point
The responsible Commission service is Unit D.2 – Maritime safety – in DG MOVE.
Mailbox: [email protected]
Website:
http://ec.europa.eu/transport/modes/maritime/safety/passenger_ships_en.htm
2. Deliverables and implementation challenges
An overarching objective of this review is to provide for a clear, simple and up-to-date legal
framework that is easier to implement, monitor and enforce, increasing thus the overall safety
level. The review includes a number of clarification provisions that will necessitate
adjustments in Member States with diverging interpretations. It also provides for new
procedures that will in certain cases require both Member States and companies to adjust their
current processes.
Member States should incorporate all amendments into their legislation and pay particular
attention to the fact that Directive 1999/35/EC is replaced by a new Directive. The following
implementation challenges have been identified in concrete terms:
2.1
Amendments to Directive 2009/45/EC
a. Offshore service vessels
These vessels should fall outside the scope of the Directive. Therefore, the 2 offshore
service vessels that have been reported as certified under the Directive by DK would
need to be re-certified. This should take place within the regular certification cycle.
b. Traditional and sailing ships
These vessels should fall outside the scope of the Directive. The existing 45-50 rig-
sailing ships (primarily registered in NL) certified under the Directive would therefore
need to be re-certified according to the national applicable standards. This should take
place within the regular certification cycle.
c. Aluminium built ships
These vessels should fall in the scope of the Directive. Currently, ca. 100 of these
vessels sailing in France and Italy have not been certified according to the Directive
and should be re-certified accordingly. The corresponding technical standards
included in the Annex should be clarified in cooperation with national experts and
1
This Implementation Plan is provided for information purposes only. It does not legally bind the Commission
on whether the identified actions will be pursued or on the form in which they will be pursued.
2
kom (2016) 0370 - Ingen titel
1643660_0003.png
adopted as soon as possible after the adoption of the amended Directive by the
Legislators.
The costs of retro-fitting these vessels with adequate fire insulation such that they will
comply with the Directive's safety standard would depend on the case by case basis
and will be determined by the residual value at the ship in the moment of retro-fitting.
Some of these vessels are likely to be phased out because of their normal life cycle. In
any case, a sufficient transition period should be envisaged to smooth the adjustment
to the maximum extent possible and to plan the technical updates, if any.
d. Simplification of sea areas
7 Member States reported that the proposed simplification would entail a need to
modify their current definition of sea areas (NL, DE, PL, PT, SE, UK and one MS).
e. Notifications of exemptions, equivalencies and additional measures
To minimise cost implications for Member States, an existing platform such as
CIRCA should be used as a database containing the notifications, additional
information, Commission decisions and the final adopted measures. Access rights will
however have to be developed together with Member States' experts.
f. Small ships
Small ships built from steel or equivalent material would no longer fall under the
scope of the Directive. The ca. 70 small ships currently certified under the Directive
should be therefore re-certified in the standard cycle and for the newly built ones,
national legislation would apply.
2.2
Amendments to Directive 98/41/EC
a. Clarification of the scope of application
It should be clarified that Directive 98/41/EC applies only until the inner border of sea
area D. This would not impact on Member States' own definitions of sea area
boundaries and it would remain within the discretion of Member States to decide
where sea area D should end (i.e. on its inner border) and where other areas should
start (and how they should be demarcated), such as ports, estuaries or similar sheltered
areas, inland waterways etc. Nonetheless, the common map of sea areas should be
clarified with Member States.
b. Short voyages: Information on number of persons on board
Information on the number of persons should be recorded by operators to the National
Single Window or made available by means of Automatic Identification System
(AIS). Whether this will have impact on companies' processes would depend on a
case-by-case basis, determined by their individual use of IT. In this context, it should
be left to the national administration to assess whether AIS exemptions granted under
3
kom (2016) 0370 - Ingen titel
1643660_0004.png
different legal and market situations remain justified. Without prejudice to the full
implementation of National Single Window by Member States, the operational
decision on the interface between the National Single Window and the operators
should be taken at national level.
c. Long voyages: Passenger and crew lists
Information on passengers and crew should be transmitted by operators to the National
Single Window. In principle, recording the lists to National Single Window is a
similar action to recording them in the registration system of the company (i.e. as long
as they are in an electronic format). Depending on a case-by-case basis, recording the
lists in National Single Window may, in addition to the company's operation system,
require an internet connection. Without prejudice to the full implementation of
National Single Window by Member States, the operational decision on the interface
between the National Single Window and the operators should be taken at national
level.
d. Nationality
Information on nationality should be added to the already collected information
(name, date of birth, etc.), for passengers on a basis of self-declaration as it is currently
the case. Only minor adjustments are expected both for the companies and Member
States in this respect.
e. Verification
Member States should verify the accuracy and timeliness of data registration required
by this Directive. The choice of means and frequency of such verification should be
decided by Member States, similarly to the currently required random checks.
2.3
New Directive replacing Directive 1999/35/EC and amendments to Directive
2009/16/EC on port State control
a. Vessels outside the scope of port State control
These vessels should remain in the scope of the new Directive. Therefore the changes
relate primarily to a number of clarified or updated provisions of the new Directive.
More specifically, the new Directive provides for an explicit provision that the specific
ro-pax inspection may, at the discretion of the Member State, be carried out at the
same time as or in conjunction with the annual flag State survey. On average, this
would reduce the inspection burden from the ship perspective from 3 to 2 inspections
per year. Simplification for national authorities would be determined on the case-by-
case basis, depending on by whom, when and how the inspection is carried out.
b. For vessels subject to port State control
These current inspection requirements for these vessels should be transferred into
Directive 2009/16/EC on port State control. On average, this would reduce the
4
kom (2016) 0370 - Ingen titel
1643660_0005.png
inspection burden from the ship perspective from 4 to 3 inspections per year. For
national administrations, the reduction should be even more substantial, given that
according to the current requirements, every ro-pax inspection should be in principle
carried out jointly by 2 (or more) host States.
From an operational perspective, the only change in comparison to status quo would
be for ships that are currently flagged in one of the host States. For those vessels, the
ro-pax inspections are on occasion being combined with the flag State survey. In
reality, the share of such vessels in this group can range between 10-50 percent and
change from year to year due to flag changes. This inspection burden should be more
explicitly attributed between the flag and port States and in any case decrease overall
compared to status quo.
c. Regularity of inspections
It should be ensured that two annual ro-pax inspections are carried out with a certain
time lag, i.e. 5-6 months. Therefore, those Member States where this is not the case
(BE, BG, MT, PT and EL) and Norway, would need to adjust their inspection
planning accordingly.
d. Content of survey during a regular service
The proposed clarification on the content of the 'in service' inspection may necessitate
revisiting the inspection 'checklist' in those Member States where the requirements of
current Annex IV are not checked in their entirety.
3. Envisaged support actions
3.1
At EU level
It is envisaged to make an extensive use of the existing Passenger Ship Safety Expert
Group (PSS EG) in order to develop the implementation measures and to facilitate the
transposition process. The corresponding expert groups dealing with the port State
control inspections and the National Single Window implementation would be equally
exploited.
The Passenger Ship Safety Expert Group would be enlarged to stakeholders who could
participate as observers and prepare for the forthcoming legal changes.
A number of specific workshops and correspondence groups would be organised with
the assistance of EMSA to further develop the issues of the more technical nature and
to provide any technical assistance that may be needed during the transposition period.
On request of Member States, a number of visits could be carried out by EMSA to
detect any transposition difficulties and to provide technical assistance where needed.
Existing training modules should be revised and continue to be provided with the
assistance of EMSA.
5
kom (2016) 0370 - Ingen titel
3.2
At national level
Member States should ensure participation of their national experts at the Passenger
Ship Safety Expert Group, workshops and trainings as relevant.
They should inform the Commission about any potential problems related to
implementation as soon as they are identified.
Member States should share information related to implementation and monitoring
indicators when requested by the Commission and EMSA.
Member States shall ensure the coordination between and raise awareness among the
relevant competent authorities, economic actors such as shipyards, shipowners and
operators, as well as passenger associations.
6
kom (2016) 0370 - Ingen titel
1643660_0007.png
3.3
Timeline
Implementation
challenge
Support action
Timing
BEFORE THE EXPIRY OF THE TRANSPOSITION DEADLINE
Amendments to Directive 2009/45/EC
Re-certification of ships Member States should inform the
that should fall outside Commission about any potential
the scope of the Directive problems as soon as they are
identified and they may be
discussed in the PSS EG
Re-certification of ships Should the re-certification of
that should fall in the aluminium built ships be
scope of the Directive
necessary, this should be carried
out the basis of the clarified
technical requirements
Throughout the transposition
period. PSS EG is envisaged
to take place in regular
intervals, 2-3 per year
Corresponding
technical
requirements adopted as
soon as possible after the
entry into force of the
amending Directive. Re-
certification
should
be
carried out within the
transposition period
Throughout the transposition
period. PSS EG is envisaged
to take place in regular
intervals, 2-3 per year
Sea areas re-definition
Where sea areas need to be
redefined, Member States would
be on their request assisted by
the Commission and EMSA. The
issue would be brought to the
PSS EG
The
database
shall
be
identified/developed
by
the
Commission and access rights
defined with national experts.
PSS EG should be used for this
purpose
Notification database
To define the access rights at
the time of the entry into
force of the amending
Directive
Preparatory work for the EMSA fact finding missions to Throughout the transposition
implementation
Member States looking into, period
amongst
other
issues,
interpretations of the detailed
technical requirements. These
could also serve the purpose of
detecting
any
transposition
7
kom (2016) 0370 - Ingen titel
1643660_0008.png
difficulties
technical
needed
and
providing
assistance
where
Amendments to Directive 98/41/EC
Definition of port areas in
the context of Directive
98/41/EC and Directive
2009/45/EC
Number of persons on
board
recorded
in
National Single Window
or made available by
using AIS system
Review to be carried out in the Within the first 12 months
framework of the PSS EG or, if after the entry into force of
needed, specific workshop can be the amending Directive
dedicated to this issue
Expert groups supporting the
development of National Single
Window, specific workshops
should
be
organised
as
necessary. Coordination with the
PSS EG should be ensured.
Member States shall ensure the
coordination between and raise
awareness among the relevant
competent authorities, economic
actors such as shipyards,
shipowners and operators, as
well as passenger associations
Expert groups supporting the
development of National Single
Window, specific workshops
should
be
organised
as
necessary. Coordination with the
PSS EG should be ensured.
Member States shall ensure the
coordination between and raise
awareness among the relevant
competent authorities, economic
actors such as shipyards,
shipowners and operators, as
well as passenger associations
To
ensure
common
interpretation, guidance should
be developed with the assistance
of PSS EG
Throughout the transposition
period.
Expert
groups
meetings at regular intervals
2-3 per year
Passenger and crew lists
recorded in National
Single Window, including
information
on
nationality
Throughout the transposition
period.
Expert
groups
meetings at regular intervals
2-3 per year
Verification
Throughout the transposition
period. PSS EG is envisaged
to take place in regular
intervals, 2-3 per year
8
kom (2016) 0370 - Ingen titel
1643660_0009.png
New Directive replacing Directive 1999/35/EC
Ro-pax inspection may be
carried out at same time
or in conjunction with
flag State survey
A period of time between
inspections to ensure that
these
take
place
throughout the year to be
introduced
In service inspection
Member States authorities would Throughout the transposition
work with shipowners and with period
Recognised Organisations to
facilitate this
EMSA would work with Member Throughout the transposition
States' authorities using the period
inspection database – also taking
account of seasonal services
Member States should ensure Throughout the transposition
that the clarified content is period
applied. Inspection checklist
should be revisited where
needed. They should inform the
Commission about any potential
problems
related
to
implementation as soon as they
are
identified.
Further
discussions should take place in
the framework of the PSS EG
Amendments to Directive 2009/16/EC
Operational issues
COM/EMSA to work with Throughout the transposition
national experts on operational period
issues to provide for the
envisaged regularity and content
of inspections
AFTER THE EXPIRY OF THE TRANSPOSITION DEADLINE
Amendments to Directive 2009/45/EC
Monitoring
of Member States should share
implementation
and information
related
to
enforcement, evaluation
implementation and monitoring
indicators when requested by the
Commission and EMSA. EMSA
to carry out implementation
visits. Existing training modules
should be revised and continue
9
Visits should take place on an
annual basis and the
monitoring in time for the
evaluation of the amending
Directive to be completed in
time
kom (2016) 0370 - Ingen titel
1643660_0010.png
to be provided
assistance of EMSA
with
the
Interpretation issues may Consultation with PSS EG to The matter can be dealt
be arising for the ensure uniform application of the within the normal PSS EG
technical annex
technical requirements
meetings cycle
Amendments to Directive 98/41/EC
Monitoring
of Member States should share
implementation
and information
related
to
enforcement, evaluation
implementation and monitoring
indicators when requested by the
Commission and EMSA. EMSA
to carry out implementation
visits. Existing training modules
should be revised and continue
to be provided with the
assistance of EMSA
Detected early problems
in the use of electronic
tools for data recording
by the operators
EMSA regular implementation
cycle can be timely planned to
address these issues. PSS experts
group
should
discuss
implementation issues to ensure
uniform application of the
requirements
Visits should take place on an
annual basis and the
monitoring in time for the
evaluation of the amending
Directive to be completed in
time
Regular cycle of EMSA
implementation visits and
PSS EG regular meeting
cycle (i.e. 2-3 per year)
New Directive replacing Directive 1999/35/EC
Monitoring
of Member States should share
implementation
and information
related
to
enforcement, evaluation
implementation and monitoring
indicators when requested by the
Commission and EMSA. EMSA
to carry out implementation
visits. Existing training modules
should be revised and continue
to be provided with the
assistance of EMSA
Visits should take place on an
annual basis and the
monitoring in time for the
evaluation of the new
Directive to be completed in
time
Issues of implementation Regular expert group meetings, In regular intervals when
and interpretations
dedicated
workshops
with needed, in coordination with
national authorities may be the PSS EG timetable
organised when needed to work
10
kom (2016) 0370 - Ingen titel
1643660_0011.png
to harmonise implementation of
the ro-pax inspections
Amendments to Directive 2009/16/EC
Monitoring
of Member States should share
implementation
and information
related
to
enforcement, evaluation
implementation and monitoring
indicators when requested by the
Commission and EMSA. EMSA
to carry out implementation
visits. Existing training modules
should be revised and continue
to be provided with the
assistance of EMSA
Visits should take place on an
annual basis and the
monitoring in time for the
evaluation of the amending
Directive to be completed in
time
Issues of implementation Regular expert group meetings, In regular intervals when
and interpretations
dedicated
workshops
with needed, in coordination with
national authorities may be the PSS EG timetable
organised when needed to work
to harmonise implementation of
the ro-pax inspections
11